Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2014 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 1145 - SC - Indian LawsMotor Accident Claims - compensation claimed on the ground that the sole breadwinner of their family, who was 46 years old, had died in a road accident - Held that:- It is evident from the order of the Tribunal as well as Salary Certificate filed as (Annexure P-2) the deceased was getting a gross salary of ₹ 14,103.77 ps. p.m. apart from benefits like GPF, D.A., and other allowances. It is also stated therein that the deceased was having another 12 years of service and there is a chance of revision of pay scales and getting one more promotion. Taking all these into consideration, the Tribunal arrived at a conclusion that the salary of the deceased would be ₹ 35,000/- p.m. at the time of his retirement and ₹ 25,000/- p.m. as his potential earning capacity on the date of his death. After deducting ₹ 10,000/- towards personal expenses, his liability towards taxation etc., the net contribution of the deceased towards his dependents was arrived at ₹ 15,000/- p.m., applied the multiplier 12 taking into consideration the age of the deceased and finally awarded an amount of ₹ 22,10,000/- as total compensation payable with interest @ 9% p.a. The High Court without properly appreciating the factum of the young age of the deceased and without taking future prospects of the deceased into consideration has reduced the compensation from ₹ 22,10,000/- to ₹ 13,90,000/- and the rate of interest from 9% p.a. to 7.5% p.a. Even though we are not convinced with the calculation and reasoning given by the Tribunal, but keeping in view the peculiar facts and circumstances of the case, where the deceased died at an early age of 46 years, had 12 more years of service, would have got promotions, resulting in hike in his pay and emoluments, we feel that ends of justice would be met if the potential earning capacity of the deceased is fixed at ₹ 30,000/- p.m. Accordingly, we fix the potential earning capacity of the deceased per month at ₹ 30,000/- instead of ₹ 25,000/- as fixed by the Tribunal. After deducting 1/3rd portion from ₹ 30,000/- towards personal expenses, the dependency benefit for the appellants would come to ₹ 20,000/- and the multiplier applicable is 12 taking into consideration the age of the deceased. Accordingly, the loss of dependency is fixed at ₹ 20,000 x 12 x 12 = ₹ 28,80,000/-. In addition to that, the appellants are entitled to ₹ 50,000/- as conventional amount as granted by the Tribunal. Thus, the appellants would be entitled to a total compensation of ₹ 29,30,000/- with interest @ 7.5% p.a.
|